Amendment 8

constitution

Amendment 8

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Important Case Law

Montgomery v. Louisiana

The Court held that, when the Court establishes a substantive constitutional rule, that rule must apply retroactively. They also held that Miller enforced a substansive rule.

Miller v. Alabama

The Supreme Court held a life sentencing without the possibility of a parole for a juvenile minor is a violation of the Eighth Amendment.

Louisiana ex rel. Francis v. Resweber

The Supreme Court determined that the failure or malfunction of an execution does not violate the Eighth Amendment protection from cruel punishment and the execution can be performed again.

Additional Important Cases